Hi i had been working for an employer for 12 months and they did not oay super my question is if they were to pay what was owed do i have the right to ask for it in cash so i can oay it into my fund personally or do they just have to pay into a nominated fund i am not confident they will pay unless i ask fir cash but im unsure if i can ask legally for it in cash thankyou

Hi Nathan,
My understanding is that they would be legally required to pay it into a complying fund.
If you have trouble getting them to make the payment, you can report the non-payment. It would be preferable to give them the chance to pay it but they would likely have other employees in the same position as well.
Speak with your accountant and maybe ask them to send a nicely worded letter on your behalf.
“We have just reviewed our clients Super account for 2017/18 and have found that there have been no payments between X and Y dates. We would appreciate you making a payment of $ABC to our clients account within the next 14 days”. The accountants letterhead might get them moving.
Best of luck
Scott

Hi Nathan,

They are required to pay direct to your nominated super fund. They are not permitted to pay the cash direct to you.

They are required to pay this by the 28th day after the end of each quarter. If this is not done, they are in default, and very quickly the directors become liable if the company fails.

Follow up with them regarding your outstanding super. Let hem know that you'll follow up with the ATO if not sorted ASAP. If they still do nothing, call the ATO and let them know. The ATO likes doing audits for unpaid super, can look back five years and where appropriate, will enforce the liability onto the directors.